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Fort Lauderdale Personal Injury Lawyers and Property Damage Lawyers

Child Injury Lawyers - Fort Lauderdale

Fort Lauderdale Child Injury Lawyers

young injured boy lying on an ambulance streatcherAs a parent, it’s your job to protect your children and you trust the people who watch your children to take the same level of care with them. Personal injury claims when it comes to children can be very complicated. If your child was injured as the result of someone else’s negligence and you need to file a Fort Lauderdale child injury claim, a Fort Lauderdale child injury lawyer can help you file your claim. The goal here is to help you better understand these types of cases so that you can know what to expect for your case.

What Can Lead to a Child Injury?

The unfortunate reality is that children are more at risk when it comes to getting injured than adults are. This is because in many cases, children don’t have the reasoning and cognitive skills that prevents them from having an accident that can cause an injury. They are also typically more likely to get seriously injured due to their physical frailty when compared to adults.

According to Florida Law, children are defined as “vulnerable”, which means many things including that someone can be immune from any civil liability when they are trying to rescue a vulnerable person. For instance, if someone leaves a child in a hot car, the person trying to rescue them will not be held liable for any damages caused to the car as a result of trying to rescue a vulnerable person.

There are several incidents that can lead to a child’s injuries. Some of the most common causes for their injuries, which will be looked at closer in this section.

Birth Injuries

The birth of your child is a magical adventure. One that can quickly turn into a nightmare if the medical professional injured your child during your birth. Sometimes these injuries can be so severe that they can impact the child for the rest of their life or even potentially kill them.

A medical professional may be held liable for injuries in the following situations:

  • Failure in noticing a problem that develops over the course of prenatal care
  • Delayed vaginal delivery
  • Surgical mistake
  • C-Section was performed too late
  • Not properly monitoring the maternal and/or fetal heart rate
  • Negligent use of forceps and vacuums during extraction deliveries
  • Unresolved complications from anesthesia

Birth injuries can potentially lead to a variety of injuries, including brain damage, muscle damage, cerebral palsy, tissue injuries, and dystocia. Some of these conditions will heal over time, but others can lead to permanent disabilities.

Drowning

Drownings are considered to be the leading cause of death in children between the ages of 1 and 4 according to the CDC. For the most part, these types of accidents can be entirely avoidable as these accidents are generally the fault of someone’s negligence.

Some common causes of drowning accidents include:

  • Improper security, such as lack of gates, lights, or warning signs.
  • Not covering the pool when it’s closed.
  • Maintenance issues such as issues with the circulation system or faulty drains.
  • Having pool slides and diving boards.
  • No lifeguards or safety rules posted at the public pool.

Near-Drowning

Near-drownings happen when the drowning victim inhales the water before they can be rescued. In cases where a child has inhaled a lot of water prior to their rescue, recovery efforts may not always prevent serious injuries. The problem is that when the child nearly drowns, the aspirated water does temporarily cut off the oxygen supply to the brain and the rest of the body. This can leave children with injuries such as pneumonia and bacterial infections.

Car Accidents

Car accidents are also potentially fatal to children and is among the leading causes of injuries and death in children than other personal injury types. It’s important that you offer the highest level of safety that you can, such as having a car with airbags and having the right car seat for your child. These are things that will offer the most protection. Unfortunately, when someone crashes into your car these protections may not be enough to stop or prevent all injuries. Your child will be a lot safer with these measures.

Pedestrian Injuries

Children sometimes have to cross streets and it’s up to the other adults to keep an eye out. They may not notice safety hazards that could hurt them when crossing, which is why adults in cars need to be more caution when driving.

Bicycle Injuries

Children on bikes do have the same issues as children who are crossing the street. Children have different cognitive levels than adults do, so they are relying on the adults to be safe around them.

Falls

Falls are also very common in children. They can fall off of playground equipment, fall at school, or various other locations. If their fall was the result of someone else’s negligence, that person could be held liable for any injuries that resulted from the fall.

Dog Bites

Children between the ages of 1 and 6 are the most likely age group to suffer from dog bite injuries, though anyone can get injured this way. Typically, a dog will bite a child on the head or neck when it comes to kids under the age of 10.

Sports

When children play sports they run the risk of getting concussions, particularly when playing contact sports. Concussions can vary from mild to severe, leading to repercussions especially when left untreated.

Product Defects

Defective products can lead to a wide range of injuries in children. For instance, a defective appliance can potentially be a fire hazard. If your child was injured because of product defects, you can hold the manufacturer responsible for your injuries.

FORT LAUDERDALE CHILD INJURY ATTORNEYS

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What Damages Can You Recover?

People often just think about the medical bills as the damages that they can recover. But there are different damages that you can recover in these cases, including:

  • Current and future lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Current and future medical bills
  • Disability

Unique Challenges in Child Injury Cases

One of the first things that you need to understand is that courts do have the discretion to appoint what’s known as a “guardian ad litem”. This person will be responsible for handling the best legal interests of the child involved in the injury claim.

There are a couple of reasons why guardian ad litem would be appointed, including:

  • The child sustained injuries that were valued over $15,000.
  • There is a conflict in the interests of the child and the parent.

The guardian ad litem will handle any and all issues that are related to the child’s injury, which includes the settlement negotiations. They do not need the input of the parent or guardian, but the judge will need to approve of any settlement being offered.

A common question that people have is whether or not your child can face any liability for the accident. According to the courts, a child under the age of 6 is considered to be incapable of negligence. As far as older kids go, it’s important that courts consider the child’s intelligence, mental capacity, and other factors to determine if a child was liable.

Proving Negligence

There are 4 different aspects of these types of cases that need to be looked at when proving negligence. The attorney needs to be able to prove these in order for your case to succeed in court.

Duty of Care

Very first thing that the attorney needs to prove is that there was duty of care owed to your child. If the incident occurred while in the care of someone else, they likely owe a duty of care to your child. This means that if they were injured at daycare, the staff or faculty would have a duty of care to protect your child.

Breach in Duty of Care

Once duty of care has been established, you then need to prove that they breached this duty of care. This means that they likely acted negligently, leading to the accident where your child was injured. For example, if they weren’t paying attention at the school and they ended up getting into something that they shouldn’t have which led to an accident.

How the Injuries Happened

Next, you need to prove that the injuries were the result of the defendant’s negligent actions. If you are unable to prove this, you cannot prove your case.

You Suffered Damages

Finally, you need to prove that you incurred damages as a result of the negligence of the defendant. This means that you need to compile evidence of such things as any medical bills or other related bills to this incident.

Conclusion

The Injury Firm is here to help you with your case, as we have plenty of experience in dealing with complex cases including child injury cases. By hiring the right Fort Lauderdale lawyer, you are going to ensure the best possible outcomes for your specific case. When you let other people care for your child, you are entrusting them with your child’s safety. If your child is injured as a result of their negligence, this can be emotionally and physically devastating for your family. Our team is here to help you get the compensation that you deserve for your case.

PRIMARY OFFICE
The Injury Firm

1608 East Commercial Blvd. 
Ft. Lauderdale, FL 33334

Phone (954) 951-0000
Fax: (954) 951-1000

 

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Disclaimer

The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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